Employment Visas H-1B, TN, L & Others

TN-1, H-1B and L Visas

The United States immigration law allows for individuals with certain skills and/or talents to receive authorization to work in the United States or to become lawful permanent residents if they fulfill all necessary requirements. Applying for non-immigrant visas (TN-1, H-1B and L) can be quite complicated, involving both the U.S. immigration authorities and the U.S. Department of Labor and requires a comprehensive understanding of the processes involved.

Much of my practice focuses on temporary work visas such as the TN, H-1B and L visas. In this work, my goal is to ensure that the potential employee is adequately prepared for the application process with all the necessary documentation and has an understanding of what is happening at each stage of the process. I recognize that businesses are often under time constraints, so I work hard to avoid unnecessary delay or rejections for temporary or permanent work visas. Further, I take time to understand the goals of a business and provide the client with all the relevant information and work towards the most cost-effective and expedient solutions.

H-1B Visas: Specialty Workers

These visas are one of the most desired visas in the U.S. as they provide rapid approval, employment and travel permission for periods up to six years, and in some cases longer. The program allows US employers to bring persons in “specialty occupations” and their immediate family members into the United States on non-immigrant visas. They can provide a jumping off platform for a green card application if the H-1B employee has an employer willing to sponsor him or her.

TN Visas

For Canadian Citizens who have the requisite training and/or experience to fit within one of a list of NAFTA Treaty categories, the TN-1 visa offers a quick and efficient visa opportunity. All that is needed is a job offer for an occupation position listed in the Treaty and the matching credentials for that occupation. The key is the match between the two requirements. I help the U.S. employer and the foreign applicant put together the offer letter and the prospective employee credentials in such a fashion that the match meets the reviewing officer’s requirements. The TN can be, and often is, granted for a period of three years. During that time, the visa holder can live and work in the U.S. and travel freely in and out of the U.S. Easy to get and once you get it you have all you need to succeed here.

L visas

If you work for a business entity which has an affiliate in the U.S., the L visa may provide the best worker visa solution for you. You have to be an executive, manager of managers or qualified in a specialty occupation in your foreign job and be looking to fill a similar role in the U.S. company. If this sounds like your circumstance, then the L visa may be suited for you. The visa is good for six years, and, in some cases, seven. You are allowed to work and live in the U.S. and travel in and out of the U.S. freely.
The L-1A visa for executives is an excellent platform for seeking a green card at a later date.

I have done many L visas for businesses in Canada seeking to set up a U.S. affiliate. While the L visa was created for the purpose of transferring high level employees among the existing foreign office and the existing U.S. office, I have been enormously successful in using the L visa to help Canadians start-up their U.S. presence.
The L visa requirements are many and strictly enforced. Due to fraud encountered by USCIS in conjunction with the L visa, they are among the most difficult to obtain. Nevertheless, I have had extensive experience in working with USCIS on overcoming their skepticism. I would be pleased to work with you to this end.

My office is located at 1801 Roeder Avenue, Suite 132 in Bellingham, WA, an hour’s drive from the Vancouver, BC metropolitan area and a short drive from Blaine, Ferndale, Lynden and other Whatcom County communities. I welcome you to e-mail me (borderlaw@ddpettus.com) or call my office (360) 647-8421 to set up an initial consultation.